Fees associated with filing patent applications in Kenya as well as other patent fees are available in the fee calculator.
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Term for filing a patent application in Kenya
Kenyan patent application claiming conventional priority should be filed within 12 months from the priority date.
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Filing requirements in Kenya
The official language of the proceedings before the Kenyan Patent Office is English. Applications should be filed in English or accompanied by the certified translation into English.
To obtain the filing date, it is necessary to provide the Patent Office with the application containing:
- name and address of the applicant;
- description (even if it complies with formal requirements only);
- a claim or claims (even if it complies with formal requirements only).
A certified copy of the Priority Document should be provided within three months from the filing date. No notarization or legalization is required. If the priority document is not in English, English translation thereof is required.
Simply signed Power of Attorney should be submitted to the Kenyan Patent Office.
If an applicant is not the inventor, a simply signed statement justifying applicant’s right to the patent should be filed with the Patent Office.
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Examination of a Kenyan patent application
Formal and substantive examinations are conducted in respect of patent applications filed in Kenya. The term for requesting substantive examination is three years from the filing date. In case of failure to request the examination within this term, the application will be considered abandoned. The application for a grant of patent is published within 18 months after its filing date or, if a priority is claimed, the priority date, and the applicant must pay the publication fees before the application is published.
Disclosure of an invention will be disregarded and will not disprove its novelty if it occurred within 12 months before the priority date and resulted from:
- applicant or his predecessor in title;
- an evident abuse by a third party in relation to the applicant or his predecessor in title.
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Grant, validity term and maintenance fees
The grant fee should be paid to the Patent Office before the patent is granted. Patents are valid for 20 years from the filing date. Annual maintenance fees fall due on the anniversary of the filing date and should be paid in advance before the due date. Late payment is possible within a grace period of six months after the due date upon payment of the corresponding surcharge.
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Duration of registration procedure
If the process goes smoothly, it takes an average of two years to obtain a patent in Kenya.
According to the Kenyan IP legislation, it is possible to get a patent for utility model, which is valid for ten years (non-renewable) from the filing date. New and industrially applicable inventions can be patented as utility models. Utility models in Kenya are not examined as to substance and granted upon formal examination. It takes an average of 19 months to get a patent for utility model in Kenya.
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Representation by a patent attorney
For foreign applicants, it is necessary to be represented by an agent, a registered Kenyan patent attorney.
1. Patent protection in Kenya may also be obtained via designating Kenya in an ARIPO application.
2. Kenyan residents must initially file their patent applications with the Kenyan Intellectual Property Office. Without written approval from the Managing Director, residents cannot file or have filed patent applications for an invention outside Kenya unless they have submitted an application with the Patent Office at least six weeks before filing abroad.
3. The applicant can modify the patent application as long as it does not extend beyond the initial disclosure. Similarly, the applicant can split the original application into multiple applications, with each not exceeding the initial disclosure.
Brief summary is based on the information provided by B M Musau & Co., Advocates LLP on 27.02.2024
Please contact us if the above information is not in conformity with Kenyan IP Laws